Laws

August 20, 2024

ADA Housing Laws and Regulations in Missouri

Zoe Harper

Marketing

Understanding ADA compliance in Missouri housing is key for landlords and tenants. It makes sure people with disabilities have the same chances to rent homes. The Missouri Human Rights Act stops housing discrimination for many reasons, including disability.

This law means landlords must meet tenants' needs. They might need to change the place to make it easier for disabled tenants. They also have to make sure new buildings are easy for everyone to enter. Plus, they must tell tenants about their rights and that it's wrong to retaliate.

Key Takeaways

The Missouri Human Rights Act protects against housing discrimination based on race, color, national origin, ancestry, religion, sex, familial status, and disability.
Landlords must accommodate tenants' requests for reasonable modifications such as installing ramps and grab bars¹.
The Fair Housing Act mandates reasonable accommodations and modifications for individuals with disabilities¹.
Public entities in Missouri are required to provide equal opportunities for people with disabilities².
State and local governments must ensure effective communication and physical accessibility in their programs and services².

Overview of ADA Housing Laws

The Americans with Disabilities Act (ADA) ensures people with disabilities have fair housing. It plays a big part in enhancing housing provisions for disability and sticking to the ADA's goals. Knowing the importance and history behind these rules helps us understand their main aims.

History and Purpose

ADA housing history is filled with key moments to stop disability discrimination. The Fair Housing Act and ADA prevent unfair housing practices. For example, buildings made after March 13, 1988, must have seven design features that allow for accessibility disability housing provisions ³. Also, since specific dates, like 1982 for Rural Development and 1988 for HUD properties, there's a set number of units for those who are hearing and visually impaired. This supports the ADA's goals in housing³.

Key Provisions

Federal and state ADA housing laws make sure everyone has equal access and stop discrimination. For instance, the Fair Housing Act says drinking fountains must be reachable for wheelchair users, with certain height rules³. Vending machine controls have to be easy to use too, with at least one machine of each type fitting these requirements in public places³. The ADA also says that 2% of parking spots must be wheelchair-friendly. This shows how crucial outdoor access is from sidewalks and parking areas³.

Title I of the ADA focuses on stopping discrimination in jobs. It covers private employers with 15 or more workers, also including state and local governments. This protects folks with disabilities from job-related unfair treatment⁴. Moreover, updates to ADA Accessibility Guidelines aim to better access standards. For example, new rules for transport places were set by the DOT on October 30, 2006⁵. And, a major update to accessibility guidelines came out on July 23, 2004⁵.

The ADA, by adding these main provisions, makes sure everyone, no matter their disability, has fair access to homes and jobs. This stays in line with the ADA's main aim in housing.

The Missouri Human Rights Act and Its Impact on Housing

The Missouri Human Rights Act is key in promoting equality in housing. This Act identifies specific groups of people to protect them from discrimination in housing. Its goal is to make sure everyone gets fair treatment.

Protected Classes under the Act

In housing, the Missouri Human Rights Act protects groups based on race, color, religion, sex, national origin, ancestry, familial status, and disability. This wide range aims to protect many from unfair housing actions. For instance, it doesn't allow different treatment of families with children under 18⁶. It also ensures people with disabilities have equal housing opportunities without hindrance⁶.

Examples of Housing Discrimination

There are various ways housing discrimination can show up. Here are some examples:

Turning away potential buyers or renters because of their race or where they come from.
Giving different facilities or services to tenants based on their religion or gender.
Setting unreasonable limits on the number of people living in a bedroom, not counting children born during the lease⁷.
Not making needed changes for people with disabilities when asked⁶.

If you face such unfair treatment, you can report it to the Missouri Commission on Human Rights or the U.S. Department of Housing and Urban Development within a year of the act⁸. You can also file a lawsuit in federal court within two years to seek justice⁸.

Fair Housing Act: Federal and State Enforcement in Missouri

The Fair Housing Act ensures no one faces illegal discrimination when dealing with housing. This includes unfair actions, like refusing to sell or rent a home based on race, religion, or disability⁹. It protects individuals while renting, buying a home, or getting a mortgage. It applies to most types of housing⁹. The Act also requires reasonable changes to be made for people with disabilities⁹.

The Department of Justice (DOJ) has a key role in making sure the Fair Housing Act is followed. It tackles issues like discrimination in getting a mortgage¹⁰. Sadly, even decades after this Act was passed, racial discrimination is still common in housing2. The DOJ fights against sexual harassment in housing too, aiming for fairness for everyone¹⁰. State laws complement these federal rules by handling local housing issues.

State agencies, like the Missouri Commission on Human Rights (MCHR), check for any rights violations. They look into complaints against unfair treatment based on race, sex, or if someone is disabled⁹. This includes ensuring fairness in mortgage lending and house appraisals⁹. The DOJ also works hard to remove barriers for people with disabilities in housing¹⁰.

The Fair Housing Act forbids punishing anyone for standing up for their housing rights or helping others do the same⁹. This is why federal and state groups must work together. Their joint efforts are crucial to stop discrimination in housing across the country.

Reasonable Accommodations and Modifications in Missouri

Reasonable housing accommodations and modifications are key for people with disabilities. They ensure everyone has the same chance to live comfortably. Changes might include adding ramps or changing how a room is laid out.

Definition and Examples

Reasonable accommodations in housing mean changing rules, policies, or services for those with disabilities. This doesn't overburden the landlord. In Missouri, this could mean fitting grab bars or making kitchen counters lower. Usually, tenants pay for these changes. Nevertheless, landlords need to agree to make homes accessible.

Responsibilities of Landlords

Landlords must follow clear rules for housing accommodations. They have to allow changes that help people with disabilities fully enjoy their homes. Yet, they can ask tenants to undo the changes when they move out. Landlords should also quickly respond to requests and avoid unfair charges.

Legal Precedents in Missouri

In Missouri, following rules on disability accommodations is crucial. A notable case involved a custodian named Loerch in Union. He asked for an accommodation because of heart disease but was denied, leading to retirement and a lawsuit¹¹. This case shows landlords must carefully consider each request. They should not delay or deny without a good reason¹². If they can’t prove a request causes significant cost or trouble, they must comply¹².

Requirements for New Buildings and Accessibility in Missouri

New buildings in Missouri must have certain features if they have an elevator and four or more units. If they're ready for first occupancy after March 13, 1991, they have to follow strict accessibility rules. These rules are part of the Section 504 of the Rehabilitation Act. They make sure all common areas and doorways can be used by people in wheelchairs. Also, kitchens and bathrooms in these buildings must be built so assistive devices like grab bars can be installed easily. This all helps create an environment that meets ADA (Americans with Disabilities Act) standards¹³.

Even for buildings without elevators, the same strict rules are applied to all ground-floor units. This makes sure housing in Missouri is accessible, adapting homes to be open and inclusive for people with disabilities. These rules require homes to have enough space for a wheelchair to move around easily and ways to get between rooms without barriers¹⁴.

Many cities in Missouri, like St. Joseph, are working hard to make their communities more accessible. For 31 years, St. Joseph has upgraded its facilities to match ADA guidelines. They've added things like curb ramps and special parking spots for disabled people¹⁵. All of these efforts show how important it is to have buildings that everyone can use comfortably and safely.

House providers looking to ensure their buildings are accessible should check out the rules listed under 24 C.F.R. part 8. It's also critical to stay informed about any activities that might be seen as discriminatory. This helps create a fair housing environment for everyone, no matter their abilities¹⁴.

Special Considerations for Familial Status and Disability

The Fair Housing Act ensures all people can find homes without being discriminated against. It stops discrimination based on familial status. This includes families with kids under 18, pregnant women, and those in custody situations¹⁶. These rules help protect families and make communities more welcoming for everyone.

Housing for seniors has special rules too. Some communities are made just for older folks. They can have age limits if they follow certain guidelines¹⁷. This makes sure seniors have places to live that suit their needs.

People with disabilities get important protections as well. The act says they can't be denied changes that let them use their homes fully. For example, they might get to have a service animal in a building that usually says no pets¹⁶. Or, they might get a ramp built so wheelchairs can easily get in. These steps help people with disabilities live more freely.

The Department of Housing and Urban Development (HUD) works to make sure these rules are followed. They help people who think they've been discriminated against. HUD can talk to landlords, look into complaints, and help file claims¹⁶. It's a big part of making sure everyone gets fair treatment when finding a home.

In Missouri, a 2021 study found problems like not enough affordable and accessible homes. This especially affects those with special needs or who are vulnerable¹⁷. The state knows it's important to teach both renters and landlords about fair housing. This way, they can fight discrimination better¹⁷.

Key Guidelines for ADA and Fair Housing Act Compliance in Missouri

Ensuring ADA compliance in Missouri is crucial for property owners. They need to avoid legal issues and promote fairness. The sections below outline key guidelines property owners and tenants should follow.

Compliance Checklist for Property Owners

To comply with ADA housing laws and the Missouri Human Rights Act, property owners in Missouri need to follow a checklist. This property owner checklist includes:

Ensuring all new buildings post-March 13, 1991, have features like wider doors and accessible routes for people with disabilities¹⁸.
Posting notices that inform tenants and customers about their rights under the Fair Housing Act and the Missouri Human Rights Act. It includes protection against unfair treatment¹⁸.
Making reasonable changes and accommodations for tenants with disabilities, such as adding ramps or accepting service animals, to ensure their comfort and access¹⁹.
Avoiding setting different terms, conditions, or privileges for the rental or sale of housing based on race, color, national origin, religion, sex, familial status, or disability¹⁸.
Preventing harassment and discrimination in mortgage lending based on protected statuses as outlined by the Missouri Human Rights Act¹⁸.

By following this checklist, property owners can meet ADA compliance in Missouri. This also ensures a fair and accessible environment for everyone.

How Tenants Can Assert Their Rights

Tenants in Missouri have ways to assert their rights under ADA housing laws and the Missouri Human Rights Act. Tenant rights assertion includes:

Filing a complaint with the Missouri Commission on Human Rights (MCHR) if they face discrimination related to their disability, a notable issue in the state¹⁹.
Using resources from the U.S. Department of Housing and Urban Development (HUD) for help and support in dealing with discrimination¹⁹.
Documenting any incidents of discrimination or retaliation to build a strong case for MCHR or other authorities¹⁹.
Seeking legal help if needed, as seen in successful cases where people who faced discrimination received damages, like the $300,000 awarded to one individual¹⁹.

By taking these actions, tenants can defend their rights and get the accommodations they deserve by law.

Resources for Tenants and Landlords in Missouri

In Missouri, landlords and tenants can use several helpful resources. These help make sure housing is fair for everyone. They teach people about their rights and what they should do. The Missouri Commission on Human Rights (MCHR) and the U.S. Department of Housing and Urban Development (HUD) are key organizations.

Missouri Commission on Human Rights (MCHR)

The Missouri Commission on Human Rights (MCHR) greatly helps both tenants and landlords. It teaches them about housing laws, looks into complaints, and acts when needed. The MCHR runs the Show-Me Fair Housing Awareness Project, which fights against unfair treatment in housing. It offers lots of information to make sure people follow the housing laws and treat everyone fairly.

U.S. Department of Housing and Urban Development (HUD)

The U.S. Department of Housing and Urban Development (HUD) works to make sure housing is fair and fights discrimination. It offers support to both landlords and tenants in Missouri. Programs include help with rent, finding affordable places to live, and learning about housing rights. One key service is the HUD Rental Assistance in Missouri, which helps people pay for housing²⁰. HUD’s Resource Locator also helps people find good housing options and understand their rights.

Tenants have the right to take landlords to court for many reasons. This includes discrimination, not returning security deposits, or harm because of unsafe living conditions²¹. These legal options are important. They make sure housing is fair and open, helping the whole community.

Conclusion

In Missouri, ADA housing laws make sure everyone has the same chance to find a place to live. These laws cover a lot, like making sure medical and care homes are easy for everyone to use²². This helps everyone get the care and home they need, no matter their situation.

It's important for both renters and property owners to know these rules well. This helps make housing fair for everyone. Programs like SSI and SSDI give money each month to help with this. They offer $750 to $2,788 to help. The Homeownership Vouchers Program by HUD makes buying a home easier²³. Fannie Mae's HomeReady Mortgage Program also helps people with disabilities get home loans easier²³. All these efforts show Missouri's dedication to fair housing.

By following these rules, we make sure housing is fair for everyone. Missouri City's ADA Transition Plan is all about making places easier to get to and use²². This means making buildings and facilities more accessible. Doing this makes Missouri a better place for everyone to live.

FAQ

What are ADA housing laws and how do they apply in Missouri?

ADA housing laws help people with disabilities access housing fairly in Missouri. These laws make sure housing rules and physical spaces help those with disabilities live comfortably in their homes.

What is the history and purpose of the ADA housing laws?

Created to protect people with disabilities, ADA housing laws stop discrimination in finding a home. They make sure everyone has the same chance to get housing, no matter their abilities.

What are the key provisions under ADA housing laws?

ADA housing laws cover fair access to loans and equal treatment in property assessments. They aim to stop unfair treatment in housing based on disability or other protected traits.

Who are the protected classes under the Missouri Human Rights Act?

In Missouri, protected classes include people of any race, religion, gender, and those with disabilities. This law works to prevent discrimination in housing against these groups.

Can you provide examples of housing discrimination prohibited under the Missouri Human Rights Act?

It's wrong to refuse housing based on someone's race or disability. Other bad acts include offering different loan terms or lower quality services based on these traits.

How is the Fair Housing Act enforced at federal and state levels?

The Missouri Commission on Human Rights and the U.S. Department of Housing handle enforcement. They look into complaints and work to stop discrimination in housing.

What are reasonable accommodations and modifications in housing?

These are changes like adding ramps or redesigning units for those with disabilities. In Missouri, landlords must allow these changes so everyone can enjoy their home.

What are the responsibilities of landlords regarding reasonable accommodations?

Landlords must make sure their buildings are accessible to people with disabilities. This includes allowing modifications and following accessibility guidelines for new constructions.

Are there any legal precedents in Missouri regarding non-compliance with disability accommodations?

Yes, courts in Missouri have made important decisions on this issue. Landlords who don't follow the rules have faced serious consequences.

What are the requirements for new buildings in terms of accessibility?

New buildings must have features like ramps and wide doorways if they were built after March 13, 1991. This ensures they are accessible to everyone.

What special considerations exist for familial status and disability in housing?

Laws protect families, including those with young kids and pregnant women. Some senior housing is exempt but must meet specific criteria to house older adults.

How can property owners in Missouri ensure compliance with ADA housing laws?

Owners should use checklists to make sure their properties are accessible and non-discriminatory. Following these steps helps keep housing fair for everyone.

How can tenants assert their rights under ADA housing laws?

Tenants can report discrimination to MCHR or HUD. Using these resources helps protect their rights to a fair home.

What resources are available for tenants and landlords from MCHR and HUD?

MCHR and HUD offer information and support to help understand housing rights. They provide funding for projects like the Show-Me Fair Housing Awareness Project, promoting equal housing in Missouri.